JOSEPH JOHN CARVALHO Vs. LEILA JOSEPH CARVALHO

JUDGEMENT

(1.) THIS is a husbands petition under section 18 read with section 19 of the Indian Divorce Act, 1869, seeking a declaration and decree of nullity of the marriage between the petitioner and the respondent solemnised on 19th January, 1986. The parties are both Christians domiciled in India and their marriage was solemnised in accordance with the Christian Rites.

(2.) THE case made out in the petition is broadly that the consent of the petitioner to the marriage had been obtained by concealment of vital facts. The details of the allegations made in the petition are not very relevant as I am of the view that this Court would have no jurisdiction to entertain the petition for the reasons which are set out hereinafter.

(3.) WHEN the petition was called out, though that petition had been duly served on the respondent-wife, no one appeared for the respondent. It is, however, seen from the averments in para 15 of the petition that the petitioner and the respondent had last resided at Vasai in District Thane and that the cause of action had arisen in Vasai. On the basis of these averments I was prima facie of the view that this petition could not be entertained by the High Court in exercise of its original jurisdiction and I, therefore, called upon Mr. Wasavada, learned Counsel for the petitioner, to satisfy me on this question.